Human Rights Of Persons Research Articles

"Help me to decide": A study of human rights-based supported decision making with persons with intellectual disabilities.

Decision making is the basis for individual autonomy and societal participation. To support persons' human right to make life decisions, the model of supported decision making (SDM) has evolved and complies with Article 12 of the United Nations Convention on the Human Rights of Persons with Disabilities. Models for implementing SDM and outcomes achieved by applying SDM in community settings remain insufficiently explored. This study used a human rights perspective with participatory, qualitative research methods to investigate environmental conditions and social support measures that enabled persons with intellectual disabilities (ID) to make and implement their own decisions. Data gathered were 6 months of field notes about implementing SDM in a L'Arche day activity program with 26 adults with ID, with opinions and drawings illustrating persons' decision making. All data were analyzed thematically. As a result of using the SDM intervention, persons with ID became more expressive, able to discuss and debate options, participated in organizational and municipal decision making, and expressed "joy" and feeling "more like a human." Staff supporters found SDM fulfilling and noticed it increased the sense of ownership persons with ID experienced in individual and group meetings. An organizational environment that respects human dignity, supports sustained relationships between persons with ID and decision supporters, individualizes SDM depending on how persons can communicate, and encourages staff self-reflection about prejudices and positionality is essential for implementing SDM with persons with ID. SDM processes shift oppressive social narratives and policies in the direction of a social, relational model of the decision-making capacities and competencies of persons with ID. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Prison Overcrowding and Harsh Conditions: Health and Human Rights Concerns to Persons in Custody, Staff, and the Community

The article explored overcrowding in Ghana prisons and sought to understand its impact on the health and well-being of persons in custody and prison officers. Qualitative data from 38 participants who were serving terms or working in three prison facilities in Ghana revealed three themes, including (a) fear over the spread of communicable diseases, (b) limited access to basic resources, and (c) psychological and emotional burden, attributing them to overcrowding in the prisons. We discussed the findings from human rights and prison and public security perspectives and concluded that addressing overcrowding in prisons would ensure a healthy prison environment, which may have implications for the well-being and human rights of persons in custody, as well as public safety and the health of prison officers and the community. To achieve a healthy prison, policies should target prison depopulation and commitment from stakeholders to implement local and international prison rules and conventions.

A Critique on the Legal Framework for Combating Human Trafficking in Nigeria

Human trafficking is a menace that affects the global community, because of its adverse effect on the members of the society. It is therefore a violation of the human rights of persons and is believed to oppress thousands of people globally. In Nigeria, there is a legal framework to combat human trafficking, however, human trafficking still remains a major concern that has eaten so deep into the fabric of Nigeria and has become very complex to tackle. Human trafficking just like any other crime has evolved and is still evolving as society evolves. Therefore, there is an expectation that laws are constantly in conformity with the current trends and practices of human trafficking in a community. This study aims to critically critiquethe position of the law on human trafficking in Nigeria, the gaps present in these laws and make recommendations to effectively fight against human trafficking. This study also recommends that further amendments of the extant laws should comply with the present-day realities.

Implementation of Law and Actualization of Human Rights for Persons with Disabilities from Sexual Violence in Indonesia

Currently, sexual violence against women with disabilities often occurs. The lack of legal protection for women with disabilities means that they always experience discrimination from various parties. In the eyes of society, people with disabilities are looked down upon as people who need to be pitied, and in Indonesia itself, they live in a vulnerable environment due to restrictions, obstacles, and difficulties, and their rights are not properly fulfilled. The law itself regulates the protection rights of persons with disabilities, namely Law No. 18 of 2016.Often, people with disabilities become victims of violent acts, which makes it difficult for the perpetrators to be prosecuted by the police or prosecutors. The government itself has not fully provided special facilities to people with disabilities who are in conflict with the law. The government should make clear and firm regulations for people with disabilities who are victims of sexual harassment in order to guarantee protection for people with disabilities with clear laws

Promoting human rights in mental healthcare: beyond the 'Geneva impasse'.

The past decade has seen a significant growth in attention to the human rights of persons with disabilities, taken to include mental health conditions. Consequently, challenges to important areas of current psychiatric practice have emerged, with which the profession has, in general, shown limited engagement.

Kajian Yuridis Pelaksanaan Aksi Hak Asasi Manusia Kementerian Hukum dan Hak Asasi Manusia

Indonesia as a Law State upholds human rights as stated in constitution and law. After Indonesia Reformation, one of the efforts to fulfill human rights by Indonesian Government is stated in National Action Plan for Human Rights (RANHAM) implemented through 5 year phase and is currently on the fifth generation. Each generation has its target and accomplishment based on the development of current human rights issues in Indonesia. RANHAM has a long coverage as a tool to fulfill human rights for its encouragement on the cooperation between ministries and institutions as well as local government (province and district level). This research explains RANHAM success and challenges as mandated by Presidential Regulation Number 53 of 2021 to fulfill human rights for persons with disabilities corresponds with Law Number 39 of 1999 and Law Number 8 of 2016. This research uses normative method by studying material from the secondary sources. Normative research aims to direct, analyze, systemize, interpret, and evaluate positive law. The research shows that the implementation of RANHAM in 2021 is the form of human rights fulfilment by Indonesian Government as its responsibility as written in constitution article 28I section 4 and Indonesian Law of Human Rights Number 39 of 1999. The challenge arises from RANHAM could be mitigated by Regulation of the Minister of Law and Human Rights Number 19 of 2022 and by the policy made by Directorate General of Human Rights as the secretariat of RANHAM national committee. The first recommendation suggests that RANHAM national committee monitor and facilitate the implementation of RANHAM by other Indonesian government institution. The second recommendation suggests that Directorate General of Human Rights could further strengthen its authority to coordinate with other government institution.

Centering economic inclusion in policy for realizing disability rights in India

The impact of the coronavirus pandemic on persons with disabilities has laid bare the link between health and economic outcomes. This article reviews the legal and policy framework impacting economic outcomes for persons with disabilities in India against the backdrop of the Sustainable Development Goals (SDGs) on poverty, economic growth, and productive employment. It offers a policy framework for realizing the human rights of persons with disabilities by advancing their inclusion in India’s economic development.

DUE PROCESS IN THE CONTEXT OF COUNTER-TERRORISM “A CASE STUDY FROM IRAQ”

This article provides a critical assessment of the current Iraqi criminal justice process, in counter-terrorism context to give an answer to the question of whether the approach of Iraqi legislator in criminal proceedings meets requirements of security in confrontation against terrorist and international law of human rights. The paper reveals that, there are many welcome procedures on the safeguard of rights and liberties to strike a right balance between providing due process and securing security of citizens while fighting terrorism. However, the problem is the difficulties faced by the state in its endeavor to secure national security against one of the most serious terrorist crimes. What follow is that it may be difficult for security authorities during dealing with these crimes to cope with or realize the wide standards of procedural safeguards and human rights for persons whom may be subjected to criminal investigations. This paper proposes that it may be well to enact new legal provisions or special Act that can expressly provide police with wide-ranging powers so as to arrive the correct strategy in the criminal confrontation against terrorism in the light of international standards. The study adopts qualitative research methods of a doctrinal nature by the analytical method of texts and legal regulations as well as the comparative method is useful to have some lessons from different attitudes by comparing the different legislations of some countries in dealing with the subject.

The WHO European framework for action to achieve the highest attainable standard of health for persons with disabilities 2022-2030.

There are approximately 135 million persons with disabilities in the WHO European Region. In order to address health inequities experienced by this population, Member States and WHO/Europe developed the 'WHO European framework for action to achieve the highest attainable standard of health for persons with disabilities 2022-2030', in close cooperation with organisations of persons with disabilities. The Framework, with its accompanying Resolution, was adopted by all 53 Member States in September 2022. The Framework is aligned with the core priorities of the WHO European Programme of Work 2020-2025, that is, achieving universal health coverage, protecting against health emergencies, and promoting health and well-being. It consists of four objectives, 13 targets, and 20 indicators that act as measures of progress and success, and as drivers for policy action and a roadmap for Member States towards a disability-inclusive health sector. The Framework is expected to have a significant impact on the health and well-being of all in the Region, and especially persons with disabilities, as it will advance inclusive health systems across the Region. Inclusive health sectors will aid towards the achievement of the Sustainable Development Goals, the protection of the human rights of persons with disabilities, and the promotion of their health.

The reasonable term of preventive detention in the jurisprudence of the Inter-American Court of Human Rights and in the jurisprudence of Colombia

This article addresses the importance of the Jurisprudence of the Inter-American Court of Human Rights, its interpretative and binding nature within the internal normative systems of each country that have signed international treaties and agreements, as in the Colombian case; The development of the Reasonable Term criterion as a substantial and procedural guarantee is part of the protection of the Human Rights of persons deprived in a preventive way of liberty, this guarantee must be incorporated into internal legislation and applied in a mandatory manner by judicial bodies. It is concluded that the Colombian State, despite never having been convicted of any case in which the excessive duration of preventive detention as a precautionary measure is demonstrated, does exist legal antecedents where it is evidenced that its use in some cases has exceeded the reasonable period that limits the duration of the measure; taking into account the judgments of the Court against other countries regarding this motive as a cause of violation of human rights and on the periodic evaluations regarding the use of preventive detention in the Americas.

Falling short of equal opportunities for persons with disabilities in Trinidad and Tobago: evidence from Equal Opportunity Commission case files

PurposeThe purpose of the study is to examine if the existing legislative framework in Trinidad and Tobago supports equal opportunities and the achievement of fundamental human rights for persons with disabilities seeking to access education, employment, accommodations and goods and services.Design/methodology/approachData were collected from 105 complaints filed with Trinidad and Tobago's Equal Opportunity Commission from 2010 to 2021 regarding disability discrimination. The steps of constant comparison were used to analyse characteristics of each case, complainants' desired outcomes and the actual outcomes of the cases (i.e. withdrawn, closed, forwarded to conciliation or the Equal Opportunity Tribunal).FindingsAcross all cases, persons with disabilities desired access to unavailable services, opportunities for employment or an apology for emotional distress. Cases that were withdrawn reflected missed opportunities to address systemic issues, closed cases reflected a bounded process for redress, and cases advancing to conciliation or the Tribunal required documentation or support.Originality/valueThis study provides insights into how the current policy and its implementation miss opportunities to address discrimination at organisational and systemic levels. Specifically, cases revealed dominant/subordinate dynamics in society and a lack of transparency throughout the system. Authors provide recommendations for policy and systemic change, including addressing gaps in national legislation and adopting strong equality of opportunity and equality of well-being approaches.

La Spina, Encarnación. 2020. La vulnerabilidad de las personas refugiadas ante el reto de la integración. Cizur Menor: Aranzadi Thomson Reuters. 251 p.

Drawing on European and comparative jurisprudence and reports, this book review synthesises minimal legal standards and discretionary policies aiming to mitigate vulnerability and promote integration among asylum seekers, refugees and beneficiaries of international protection. It also highlights some of the gaps and inconsistencies that remain to be resolved for the Common European Asylum System to adequately protect the human rights of persons subjected to multiple, intersectional factors of vulnerability.

The corporate social responsibility policy in the fulfillment of facilities for workers with disability

The issue of people with disabilities or people who have different abilities is now known as "diffable" (differently-abled people) or now known as "disability" is a problem that on a practical level rarely gets the attention from the government, companies and community. In fact, the international community really appreciates and respects the protection of the human rights of persons with disabilities. This can be seen in the Convention on the Rights of Persons with Disabilities which is an international agreement on the protection of the rights of persons with disabilities. This international agreement was adopted on 13 December 2006 at the United Nations Headquarters in New York and opened for signature on 30 March 2007. Indonesia itself has signed the Convention on the Rights of Persons with Disabilities on 30 March 2007 and ratified on 30 November 2011. The implication is that the state is obliged to guarantee the fulfillment of the right of people with disabilities to find work. The rights for persons with disabilities do not only end there but also include the right to have a work area that is friendly to persons with disabilities. To fulfill these rights, companies are expected to implement corporate social responsibility policies. Corporate social responsibility is a business commitment to act ethically, operate legally and contribute to economic development along with improving the quality of life of its workforce. In this study, it will be discussed how the formulation of corporate social responsibility in the laws and regulations in Indonesia and how to fulfill facilities for disabled workers within the framework of corporate social responsibility policies.

Visual Impairment and Human Rights

Introduction: It is important to recognize the extent to which views on persons with visual impairment have changed over the years. From looking at this issue as a medical condition, it is nowadays being regarded as a human rights issue which has today been embedded into legally binding instruments at the national, regional and the international levels. Purpose: The purpose of this work is to address the human rights aspect of visual impairment, the challenges faced and to assess if the rights of persons with visual impairment are effectively enforced. Methodology: The qualitative methodology of research was used to gather information such as observation and unstructured interviews. Findings: We discovered that there is the inadequate provision of support needs to persons with visual impairment as well as inaccessibility to infrastructures. Unique contribution to theory and practice: In theory, this piece of work is beneficial to the entire academic society as it contributes to the existing body of literature. In practice, it raises awareness on the need for the promotion and protection of persons with visual impairment. As concerns policy recommendations, we tackled the Government, institutions and the Community. As one of the policy recommendations to the government in particular, we saw the need to address the fact that they should be louder on raising awareness on the existence of such rights by teaching the human rights of persons with visual impairment in educational institutions. The institutions should organise talks or conferences which will help them identify challenges these people face while the community can contribute in creating a conducive atmosphere for these people by being warm and receptive.

MEWUJUDKAN SISTEM PERADILAN PIDANA YANG FAIR BAGI PENYANDANG DISABILITAS

The purpose of this research is to analyze the legal protection for persons with disabilities who conflict with the law. The research was conducted using juridical-normative legal research. The results showed that the judiciary in Indonesia did not yet have a special mechanism. Such a situation certainly raises the question of what is the obligation of the State in providing protection and fulfillment of the rights of perpetrators and victims of persons with disabilities in a fair criminal justice process. The scope of citizens, in this case, is broad, including anyone without exception as stipulated in Article 25 paragraph (1) of the 1945 Constitution of the Republic of Indonesia that includes persons with disabilities. Affirmation of the scope is very important because human rights for persons with disabilities are still often ignored, even violated. The application of the principle of Equality Before the Law that persons with disabilities will have the same facilities as normal humans in accessing justice in the judiciary. The benefit is that persons with disabilities can easily convey their meaning and obtain justice so that the case can be resolved and it is easy to get information. Optimization, in this case, is also by the utility theory of Jeremy Bentham that "The aim of the law is the greatest happiness of the greatest number", namely the goal of the law is the greatest happiness for the most people.

Singapore’s Adult Guardianship Law and the Role of the Family in Medical Decision-Making

Abstract Singapore’s adult guardianship law was derived from the Mental Capacity Act in England and Wales. This article explores the process of how Singapore’s Mental Capacity Act was adapted and fine-tuned to operate in a jurisdiction with different cultural conditions, religions, familial norms, and social institutions. The first part of the article demonstrates that despite its apparent similarities, the policymakers in Singapore have omitted crucial portions of the Mental Capacity Act which deal with the human rights of persons lacking capacity. This omission is unsurprising considering Singapore’s history of advancing an Asian values approach to human rights. In the second part, it will be demonstrated that Singapore’s Mental Capacity Act has been interpreted by some healthcare professionals through the lens of relational autonomy in certain circumstances to accommodate a family-centric mode of decision-making. The appeal to relational autonomy may be explained on the centrality of the family in the lived reality of most persons in Singapore. In this regard, this article argues that a formal protocol should be drafted to guide healthcare professionals in navigating the tricky minefield of furthering a person’s autonomy while recognizing the centrality of the family in certain contexts.

Advancing the Rule of Law and Human Rights Protection through United Nations Mandated Mechanisms

Over the past fifteen years, the international community has increasingly relied upon United Nations mandated mechanisms comprising commissions of inquiry, fact- finding missions, and investigations to help address gross violations of human rights and the often blatant disregard for the rule of law during periods of civil unrest, conflict, and post-conflict contexts. The primary reason for why this approach has been preferred centres upon the fact that achieving accountability through internationally mandated tribunals and prosecutions is not only difficult to realize but further complicated due to realpolitik permeating among relevant international decision- making structures. For example, to activate meaningful judicial accountability at the international level, agreement amongst the highest echelons of the United Nations vis- a- vis a Security Council resolution is required to mandate an accountability mechanism. Indeed, even a referral to the permanent International Criminal Court underpinned by the Rome Statute requires a Security Council referral for non- State parties. The complexity of activating these measures, however, has served to ensure the continuation of numerous protracted armed conflicts – characterized by the perpetration of atrocity crimes, violations of international humanitarian law, and violations and abuses of human rights – to the detriment of millions of civilians worldwide. This contribution finds that the Commissions of Inquiry on Syria and Libya have been able to advance the rule of law and the protection of human rights by investigating and reporting publicly on findings by all parties to these respective conflicts, in particular on atrocity crimes, violations of international humanitarian law, and violations and abuses of human rights perpetrated by non- State actors. Both Commissions have taken similar positions on the application of human rights to non- State actors, in that non- State actors that cannot formally become parties to international human rights treaties must nevertheless respect the fundamental human rights of persons in areas where such actors exercise de facto control. The contribution continues by exploring the roles of the Commissions of Inquiry for Syria and Libya in the general quest for prevention: i.e., can the establishment of these mechanisms deter belligerents from perpetrating abuses of human rights and disregarding the rule of law? The article argues that if UN- mandated mechanisms – including commissions of inquiry, fact- finding missions, and investigations – are well supported, especially when concerned States grant such bodies protected access on the ground, they can significantly act as a deterrent and contribute to the respect for human rights and the rule of law. This may be achieved particularly through their cooperation and sharing with accountability bodies and the documentation and preservation of evidence collected.

5.L. Workshop: Advocation for sexuality education for children and young people with disabilities

Abstract Estimated 135 million persons with disabilities are living in the WHO European Region. The international community has made progress in strengthening its commitment to safeguard and promote the human rights of persons with disabilities. A core principle in these agreements is the right to non-discrimination and non-stigmatisation. This principle relates to various spheres of life, including education and health care. And yet, political, societal and individual barriers persist which hinder persons with disabilities across their life span to exercise the full range of their rights and to access equal opportunities. In this regard, the needs of children and young people with disabilities related to sexual and reproductive health are of particular concern. All persons with or without disabilities develop in different stages throughout the course of their lives. The sexual development is part of this process and includes physical, cognitive, mental, social, relational, ethical, religious and cultural components. The Self-determination of the own body - which includes the decision if, when, with whom and how many children someone wants and how to express the own sexuality - is one of the most essential human rights. Comprehensive sexuality education (CSE) enables and supports a responsible behaviour related to sexuality. The WHO Regional Office for Europe highlights CSE for children and young people with disabilities as crucial intervention to promote the health and well-being. But yet we observe a shortage of access to CSE and a lack of knowledge of sexuality, reproduction and STIs; as well as a lack of studies and data about CSE for children and young people with disabilities. Therefore, this workshop aims to raise awareness about the importance, the need and the right to CSE for children and young people with disabilities, strengthen the human rights and empowerment approach and offers advocating tools. The first part will present the status of research in the field. During the workshop the participants will learn about the barriers in the field of CSE, discuss recommendations to overcome them as well as best practices for doing research with children and young people with disabilities. The second part sets out avenues that help to promote and develop an enabling environment for CSE at different levels e.g. institutions, regions and countries. Participations will get to know the legal framework and international conventions, which imply sexual and reproductive health especially with the focus on CSE for children and young people with disabilities. It will give an overview about relevant conventions UN members have committed to and which legal mechanisms can be used to raise the awareness in countries towards CSE for children and young people with disabilities and provides tools for advocacy. Key messages Raise awareness to the human rights issues for children and young people with disabilities in the area of CSE. Delivering best practice and tools to advocate.

The Right to Mental Health During the COVID-19 Pandemic

The relationship between mental health and human rights is integral and interdependent. There are clinical, social and economic reasons, as well as moral and legal obligations to advance mental health care as fundamental to human rights. Significant considerations for this matter are especially crucial when addressing the COVID-19 pandemic across the world. The aim of this research study was to analyse the responses to the ongoing pandemic, concerning the human rights of persons with psychosocial disabilities and the right to the mental health of the general population, in Lithuania. Methods included online surveys, semi-structured interviews, and a focus group. This article presents the results as a complex picture containing lived experiences of mental health difficulties of the general population, barriers to accessing the needed support and services, as well as analysis of violations of human rights. It also highlights the need for more research on the long-term consequences of the pandemic and lockdowns on the mental health of the population; also, on how human rights of persons with mental health conditions, and especially those with psychosocial disabilities, can be better ensured and protected in Lithuania.

Do parents really know best? Informed consent to sex assigning and ‘normalising’ treatment of minors with variations of sex characteristics

This paper aims to explore how pervasive constructions regarding a person's sex and gender identity in society and law limit the human rights of persons with variations of sex characteristics. Societal culture promulgates a binary (male/female) gender ideal which includes standards of normality for our bodies. People who do not easily fit these culturally constructed norms, such as persons with variations of sex characteristics, encounter numerous difficulties. The legal conceptualisation of 'sex' according to the binary maintains the medicalisation of variations of sex characteristics and reinforces the focus on sex 'normalising' treatment of children who are too young to provide their informed consent. The paper makes use of Belgium as an illustration. Not only is comprehensive legal research concerning variations of sex characteristics absent in Belgium, but the country has also been responsive to human rights claims regarding sexual identity in recent years. With regards to the sex assigning or 'normalising' treatment of persons with variations of sex characteristics, this paper argues that by accepting the substitution of the child's informed consent for the opinion of the legal representative in the absence of urgent medical necessity, Belgian law fails to protect the former's right to bodily integrity and best interests.